PC Res 3111RESOLUTION NO. 3111
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
TO ALLOW BEER AND WINE SALES IN CONJUNCTION WITH A
RESTAURANT USE ON PROPERTY LOCATED AT 1638 W.
CAMPBELL AVENUE IN A C-1-S (NEIGHBORHOOD
COMMERICAL) ZONING DISTRICT. APPLICATION OF ROYAL
KITCHEN CHINESE RESTAURANT. LIP 97-07.
After notification and public heating, as specified by law, and after presentation by the
Community Development Director, proponents and opponents, the heating was closed.
After due consideration of all evidence presented, the Planning Commission did find as follows
with respect to application UP 97-07:
The proposed on-sale beer and wine service will be offered only in conjunction with the
operation of the full service restaurant.
The restaurant with the proposed on-sale beer and wine service is located within a C-1-S
(Neighborhood Commercial) zoning district and a commercially designated General Plan
area.
The applicant's proposed operational hours for the on-sale beer and wine service do not
exceed the permitted hours of operation for businesses within the C-1-S zone and
operating hours of surrounding tenants in the shopping center.
4. The existing parking and circulation will adequately serve the proposed use on site
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The proposed use is not significantly different from the previous restaurant use and is
compatible with uses on site and with the adjacent land uses.
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The proposed project is consistent with the City's Zoning Ordinance and General Plan.
The proposed project will aid in the enhancement and the harmonious development of the
immediate area. The establishment, maintenance, or operation of the use will not be
detrimental to the public health, safety, peace, morals, comfort or general welfare of
persons residing or working in the neighborhood of such proposed use.
3. The proposed site is adequate in size and shape to accommodate the proposed use.
The establishment, with the service of alcoholic beverages, will not result in an over
concentration of such uses in the area.
The establishment, with the service of alcoholic beverages, will not create a nuisance due
to noise, litter, vandalism, traffic or other factors.
Planning Commission Resolution No. 3111
UP 97-07 - 1638 W. Campbell Avenue - Royal Kitchen Chinese Restaurant
Page 2
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The establishment, with the service of alcoholic beverages, will not significantly disturb
the peace and enjoyment of the nearby residential neighborhood
The establishment, with the service of alcoholic beverages, will not significantly increase
the demand on City services.
Further, the applicants are notified as part of this application that they are required to comply
with all applicable Codes and Ordinances of the City of Campbell and the State of California
which pertain to this application and are not herein specified. And, that this approval is granted
subject to the following Conditions of Approval.
Approved Project: Approval is granted for a Use Permit to allow on-sale beer and wine
service in conjunction with a full service restaurant, Royal Kitchen Chinese Restaurant,
located on property at 1638 W. Campbell Avenue. The use shall substantially comply
with the applicant's letter of request dated July 9, 1997.
Operational Hours: Operational hours of the restaurant are permitted from 6:00 a.m. to
11:00 p.m.
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Alcohol and Beverage Control Requirements: The applicant shall obtain a license from
the State Department of Alcohol and Beverage Control prior to the sale of alcoholic
beverages in conjunction with this Use Permit.
Business Operation: No separate bar service is permitted. The service of beer and wine
shall be in conjunction with food service for this or any future use. The applicant shall
operate and maintain this use in a manner which is not objectionable, offensive or
incompatible with surrounding uses. Operation of this use in violation of the Use Permit
or City of Campbell standards, codes and ordinances shall be grounds for revocation of the
Use Permit.
PASSED AND ADOPTED this 12th day of August, 1997, by the following roll call vote:
AYES: Commissioners: Alne, Gibbons, Lindstrom, Meyer-Kennedy
Commissioners:
NOES: .-, ........... None
ABSENT: t. ommiss~neP~: JoY--ams, Lowe ' '-~
ABSTAIN: Commissioners: None
~.~,~ I. Bu~Chair
ATTES~